Wednesday, January 11, 2006

Fourth Circuit holds that elimination of bodily waste is a major life activity under the ADA

In Heiko v. Colombo Savings Bank, Heiko alleged a failure to promote and constructive discharge on the basis of disability because at the time of the alleged discrimination, Heiko suffered from end-stage renal disease and thus spent three afternoons per week attached to a dialysis machine that removed toxins from his blood. The district court ruled that Heiko was not disabled under the ADA because the elimination of bodily waste was not a "major life activity."

The Fourth Circuit reversed the grant of summary judgment and held that elimination of bodily waste is a "major life activity" within the meaning of the ADA.

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